1. Canadian Copyright Law Principles CCM 201 Instructor: Lesley Ellen Harris, Copyrightlaws.com SLA Click University Certificate in Copyright Management: Principles & Issues

2. 2 POLL How would you rate your knowledge of Canadian copyright law? –Minimal –Medium –High

3. 3 Miriam Webster’s Online Dictionary CopyrightPronunciation: \-rīt\ Function: noun Date: 1735 : the exclusive legal right to reproduce, publish, sell, or distribute the matter and form of something (as a literary, musical, or artistic work) http://www.m-w.com/dictionary/copyright

4. 4 Black’s Law Dictionary, 5 th ed. Copyright. The right of literary property as recognized and sanctioned by positive law. An intangible, incorporeal right granted by statue to the author or originator of certain literary or artistic productions, whereby he is invested, for a limited period, with the sole and exclusive privilege of multiplying copies of the same and publishing and selling them.

5. 5 Canadian Copyright Act Copyright means –“the sole right to produce or reproduce the work or any substantial part thereof in any material form whatever…”

6. What does copyright law mean to you?

7. 7 CCM 201 Primer on Canadian copyright law Other CCM courses deal with –digital issues; special library copyright issues; global copyright issues Putting your knowledge to work –managing copyright and educating others about copyright

8. 8 Copyright Background Federal legislation Same Act since 1924, subject to amendments

9. 9 Changes 1988: protection of computer software, right to exhibit an artistic work, collective admin of copyright 1997: special provisions for libraries, archives and museums 1989 (FTA), 1994 (NAFTA), 1996 (TRIPs)

10. 10 Canadian Copyright Law Copyright Act Policy behind provisions Court Cases International treaties and bilateral agreements Copyright uses are more global now than ever

11. 11 Canadian Copyright Law Different than U.S. copyright law Based on same general principles from Berne Convention Some odd situations due to differences

12. 12 Automatic

13. 13 Criteria for Copyright Protection Originality Fixation Nationality of creator and place of publication

14. 14 Originality The work must: –originate with the author –not be a copy of another work –must be from independent, creative effort rather than a mechanical arrangement –author must use skill, experience, labour, taste, discretion, selection, judgement, personal effort, knowledge, ability, reflection, imagination

15. 15 Fixation Be “expressed in some material form, capable of identification and having a more or less permanent endurance.” –handwritten letter –print book –e-document saved on a hard drive or disk

16. 16 What’s Not Fixed? Lectures, speeches, sermons (if not previously written down) Improvised comedy skit or jam session Image or text on a computer screen (which has not been saved)

17. 17 Nationality and Place of Publication Author must be a citizen or resident of Canada or another treaty country Berne Treaty countries at: www.wipo.org

18. 18 Not Necessary for Protection Publication of a work Copyright notice Registration with Canadian Copyright Office (more on notice and reg’n later…)

19. 19 Categories of Protected Works Copyright subsists –“in every literary, dramatic, musical and artistic work” –sound recordings, a-v works –performers’ performances

20. 20 Literary Works Books Periodicals Inter-office memo Computer software Fiction

21. 21 Dramatic Work Play Fixed choreographic work

22. 22 Musical Work A composition or song Music + words Not a CD containing the music

23. 23 Artistic Works Photographs Original art and art reproductions Maps, charts, drawings

24. 24 Collective Work A collective work is “any work written in distinct parts by different authors, or in which works or parts of works of different authors are incorporated” Encyclopedia, dictionary, newspaper

25. 25 Compilations A compilation is “a work resulting from the selection or arrangement of literary, dramatic, musical or artistic works or parts thereof, or a work resulting from the selection or arrangement of data” Encyclopedia, Web site, DVD “Exercise of skill and judgement”

26. 26 Federal Government Materials Called Crown works Federal, provincial and territorial Crown works are protected by copyright Federal legislation, court decisions, etc. may be copied without permission or fees

27. 27 Canada-U.S. Oddity US government works are not protected by copyright Cdn government works are protected If using a US government work in Canada, you need permission -- but you do not need permission to use the same work in the US

28. 28 Questions?

29. 29 How to Protect Works Do nothing Automatic protection Registration –voluntary –registration with Canadian and/or US Copyright Office

30. 30 Why Register? Incentives: –reg’n is a public record of your copyright claim –reg’n is necessary before commencing a law suit –reg’n will assume you are the copyright owner (and other side has to prove othewise)

31. 31 Copyright Notice Not mandatory Universal symbol © Symbol, Copyright Owner, Year of 1st Publication © Lesley Ellen Harris 2010

32. 32 Why Use ©? Reminder that copyright exists in the work Helps people locate the copyright owner of the work Recommended

33. 33 Who Owns a Work? Author = First owner Author = person who “fixes” the work Only author can authorize uses of her works Author may assign her rights

34. 34 Employment Works Exception to author as first owner rule –works created in the course of employment belong to employer –independent consultants own works unless agreement to the contrary

35. 35 Employees Question of fact: –created at work? –part of work duties? –created on employer’s equipment? –employer provide benefits and withhold taxes? –Not always clear –Best to have written agreement in advance

36. 36 Canada-US Comparison Canada: Employer owns employees works but employee remains author US: Under work for hire provision, employer is the “author” and not just the owner of the work

37. 37 Length of Copyright Life plus 50 years (calendar year) Based on life of author, not owner Employer owned - based on life of author Different durations in different countries

38. 38 Canada-US Comparison Canada: life + 50 US: life + 70 Canadians may need to clear rights for 70 years if using a work online, even though duration is only life + 50

39. 39 Public Domain No copyright Expiration of copyright Free to use and adapt in any manner

40. 40 Rights Exclusive bundle of rights Right of reproduction –photocopy, scan –applies to copying an entire work or a “substantial part” quantity copied quality copied

41. 41 Performance Right Right of public performance –all music we hear –any performance in a non-domestic setting reading a poem at a rally playing music on a radio in a restaurant

42. 42 Other Rights Right to first publish a work and make it available to the public Right to adapt and translate a work Right to transmit a work via cable, satellite and telephone wires Right to authorize any of the rights

43. 43 Moral Rights Applies to all works –name on work, or remain anonymous –prevent works from being modified –use of work in association with a service, cause, etc. Duration based on life of author

44. 44 Canada-US Comparison Canada: moral rights apply to all works US: moral rights only apply to works of fine art If using a work in Canada, may need to clear moral rights in a work in which moral rights does not exist in the US

45. 45 Limitations on Rights Exclusive rights but subject to limitations –fair dealing –specific exceptions for libraries general exceptions

46. 46 Fair Dealing Is a defense to a claim of copyright infringement Is intentionally ambiguous Is often misunderstood Ultimately up to a court of law to decide Set parameters of fair dealing in a written Copyright Policy

47. 47 Reviewing Fair Dealing Purpose must be: research, private study, criticism, review or news reporting Is a substantial part of the work being copied? Consider quantity and quality. Could that copying be considered fair?

48. 48 Is the copying fair? How much has been copied? Nature of work copied Competition between original and copy How the copy is used Value of the copy

49. 49 Exceptions Fair dealing applies to all Special provisions for libraries, archives and museums –for non-profit libraries –management and maintenance –single copy –ILL

50. 50 Exploitation of Rights Author/owner has control of rights Right to authorize rights may license or assign –entire work or partial work –all rights or particular rights –divide geographically –time

51. 51 Copyright Collectives One stop shopping Small uses –photocopying –some digital uses –public performance of music

52. 52 Infringement Using a work without permission An exception does not apply Even if no money is made

53. 53 Remedies Injunction Damages and profits Criminal remedies –commercial piracy

54. 54 Copyright Reform The law changes New technology; new application of law Bills and amendments to Copyright Act Court cases General news –supplementary readings

55. 55 Questions?